[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13750-13752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03636]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0057]


Excavations Standard (Design of Cave-in Protection Systems); 
Extension of the Office of Management and Budget's (OMB) Approval of 
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Excavations 
Standard (Design of Cave-in Protection Systems).

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 23, 2024.

[[Page 13751]]


ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov. Documents in the docket are 
listed in thehttps://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the websites. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2011-0057) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as social security numbers and birthdates.
    For further information on submitting comments, see the ``Public 
Participation'' heading in the section of this notice titled 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of 
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance consultation program to provide the public with an 
opportunity to comment on proposed and continuing information 
collection requirements in accordance with the Paperwork Reduction Act 
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and costs) 
is minimal, the collection instruments are clearly understood, and 
OSHA's estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et 
seq.) authorizes information collection by employers as necessary or 
appropriate for enforcement of the OSH Act or for developing 
information regarding the causes and prevention of occupational 
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also 
requires that OSHA obtain such information with minimum burden upon 
employers, especially those operating small businesses, and to reduce 
to the maximum extent feasible unnecessary duplication of effort in 
obtaining information (29 U.S.C. 657).
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it. The purpose of 
these requirements is to reduce employees' risk of death or serious 
injury while working in hazardous conditions due to cave-ins.
    Paragraphs (b) and (c) of Sec.  1926.652 (``Requirements for 
Protective Systems''; the ``Standard'') contain paperwork requirements 
that impose burden hours or costs on employers. These paragraphs 
require employers to use protective systems to prevent cave-ins during 
excavation work; these systems include sloping the side of the trench, 
benching the soil away from the excavation, or using a trench shielding 
system (such as a trench box). The Standard specifies allowable 
configurations and slopes for excavations and provides appendices to 
assist employers in designing protective systems. However, paragraphs 
(b)(3) and (4) of the Standard permit employers to design sloping or 
benching systems based on tabulated data (Option 3), or to use a design 
approved by a registered professional engineer (Option 4).
    Under Option 3, employers must provide the tabulated data in a 
written form that also identifies the registered professional engineer 
who approved the data and the parameters used to select the sloping or 
benching system drawn from the data, as well as the limitations of the 
data (including the magnitude and configuration of slopes determined to 
be safe). The document must also provide any explanatory information 
necessary to select the correct benching system based on the data. 
Option 2 requires employers to develop a written design approved by a 
registered professional engineer. The design information must include 
the magnitude and configuration of the slopes determined to be safe, 
and the identity of the registered professional engineer who approved 
the design.
    Paragraph (c)(2)(iii) allows employers to use manufacturer's 
tabulated data or to deviate from the data provided. The manufacturer's 
specification, recommendations, and limitations as well as the 
manufacturer's approval to deviate from these items shall be in 
writing. Paragraphs (c)(3) and (4) allow employers to design support 
systems, shield systems, and other protective systems based on 
tabulated data provided by a system manufacturer (Option 3) or obtained 
from other sources including a registered professional engineer and 
approved by a registered professional engineer (Option 4).
    Each of these provisions requires employers to maintain a copy of 
the documents described in these options at the jobsite during 
construction. After construction is completed, employers may store the 
documents off-site provided they make them available to an OSHA 
compliance officer on request. These documents provide both the 
employer and the compliance officer with information needed to 
determine if the selection and design of the protective system are 
appropriate to the excavation work, thereby assuring workers of maximum 
protection against cave-ins.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the proposed information collection requirements 
are necessary for the proper performance of the agency's functions to 
protect workers, including whether the information is useful;
    <bullet> The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
    <bullet> The quality, utility, and clarity of the information 
collected; and
    <bullet> Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information, and 
transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information 
collection requirements contained in the Excavations Standard. The 
agency is requesting an adjustment decrease in burden hours from 40,041 
hours to 22,697 hours, a difference of 17,344 hours. This decrease is 
due to the number of apartment and non-residential construction 
projects/sites from 5,720 to 3,243.
    OSHA will summarize the comments submitted in response to this 
notice and will include this summary in the request to OMB to extend 
the approval of the information collection requirements.

[[Page 13752]]

    Type of Review: Extension of a currently approved collection.
    Title: Excavations Standard (Design of Cave-in Protection Systems).
    OMB Control Number: 1218-0137.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,144,081.
    Number of Responses: 22,697.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 22,697.
    Estimated Cost (Operation and Maintenance): $430,152.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) electronically at https://www.regulations.gov, which is the Federal 
eRulemaking Portal; or (2) by facsimile (fax), if your comments, 
including attachments, are not longer than 10 pages you may fax them to 
the OSHA Docket Office at 202-693-1648. All comments, attachments, and 
other material must identify the agency name and the OSHA docket number 
for the ICR (Docket No. OSHA-2011-0057). You may supplement electronic 
submission by uploading document files electronically.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
dates of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download from this 
website. All submission, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the https://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available from the website, and for 
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
notice. The authority for this notice is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020 
(85 FR 58393).

    Signed at Washington, DC, on February 15, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-03636 Filed 2-22-24; 8:45 am]
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